| 00:00:21 |
Unidentified Speaker, -
AND WELCOME TO THE SUPREME COURT OF THE UNITED STATES. I'M RALPH LANCASTER, THE PRESIDENT OF THE SUPREME COURT HISTORICAL SOCIETY, AND TONIGHT IS THE...
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| 00:03:33 |
Unidentified Speaker, -
THAT YOU LEARN OVER TIME THE PLACE THAT YOU HAVE IN IT. IT'S NOT APPARENT TO YOU AT THE OUTSET AND THE HISTORICAL SOCIETY IS OF IMMENSE IMPORTANCE....
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| 00:10:07 |
Unidentified Speaker, -
EVENT IS A PREMIER EXAMPLE OF THE SOCIETY'S WORK TO EXPAND ITS REACH BEYOND ITS 6,000 MEMBERS. IN 1991 THE WHITE HOUSE HISTORICAL ASSOCIATION, THE ...
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| 00:14:15 |
Unidentified Speaker, -
IS, HIS REPRESENTATION OF THE UNITED STATES OF AMERICA, WHICH MOST OFTEN MEANS THE EXECUTIVE BRANCH OF THE UNITED STATES BUT ITS REPRESENTATION OF THE...
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| 00:16:22 |
Unidentified Speaker, -
COURTS, GRADUALLY MOVE UP THROUGH THE APPELLATE COURTS AND POINTED TO THE SUPREME COURT AND IT'S REALLY THE JOB OF THE SOLICITOR GENERAL IN EFFECT...
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| 00:17:22 |
Unidentified Speaker, -
TRIBUTE TO MISS THURGOOD MARSHALL. IT IS WONDERFUL TO SEE YOU. [APPLAUSE] >> I REMEMBER BEING HUMBLED MORE THAN ONCE BY YOUR LATE ICONIC HUSBAND....
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| 00:17:52 |
Unidentified Speaker, -
ROLE, TO ASSIST THE ATTORNEY GENERAL. THE IT IS THE ATTORNEY GENERAL'S OFFICE CREATED BY JUDICIARY ACT OF 1789 AND HAS BEEN SAID THE OFFICE OF SOLICITOR...
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| 00:19:44 |
Unidentified Speaker, -
ON THE SHOULDERS OF ATTORNEYS GENERAL, THE RESPONSIBILITY FOR HANDLING CASES IN THE SUPREME COURT FELL TO THE SOLICITOR GENERAL AND HE, AND NOW SHE,...
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| 00:20:28 |
Unidentified Speaker, -
SO WHAT SURPRISED YOU MOST ABOUT THE JOB OF SOLICITOR GENERAL ONCE YOU STARTED TO EXERCISE IT? HOW DID YOUR EXPECTATIONS COMPARE TO THE ACTUALITY? >>...
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| 00:20:58 |
Unidentified Speaker, -
I KNEW IT WAS THERE BUT THE ROLE OF TAKING THE VARYING POSITIONS THAT ARE BEING ADVANCED BY DIVISIONS WITHIN THE DEPARTMENT OF JUSTICE, OR AGENCIES OF...
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| 00:21:57 |
Unidentified Speaker, -
OF THE GOVERNMENT. WHAT SURPRISED ME THE ENORMOUS AMOUNT OF WORK THAT GOES TO CARRYING OUT THE RESPONSIBILITIES. THERE IS THE TIP OF THE ICEBERG WHICH...
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| 00:22:10 |
Unidentified Speaker, -
THE FIRST DAY OF REAL WORK AND SAW A PILE ABOUT THAT HIGH, I SAID, THOSE CAN'T ALL BE SUPREME COURT MATTERS? WELL, THEY ARE WHAT ARE CALLED, RECS, ...
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| 00:24:00 |
Unidentified Speaker, -
IT. >> I THINK PAUL IS UP NEXT? [LAUGHTER] >> I WILL SAY THIS, WHICH IS THE INTERESTING THING ABOUT THE 10th JUSTICE MONIKER FOR THE SOLICITOR GENERAL...
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| 00:24:23 |
Unidentified Speaker, -
ANY OF THE NINE REAL JUSTICES [LAUGHING] AND I THINK
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| 00:24:26 |
Unidentified Speaker, -
THAT DOES REINFORCE THAT THERE IS A FUNDAMENTAL DIVIDE AND THAT, I THINK, PROBABLY STEALING ONE OF DREW'S LINES BUT I THINK MAYBE DREW SAID IT THAT,...
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| 00:27:23 |
Unidentified Speaker, -
THEY'RE ASKING FOR THE VIEWS ON THE LAW, THE UNDERLYING LAW, THEY'RE ASKING FOR THE OFFICE'S VIEW ABOUT WHETHER OR NOT THE COURT SHOULD TAKE THE CASE,...
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| 00:28:17 |
Unidentified Speaker, -
OTHER THING ABOUT THE TENTH JUSTICE IDEA IS THAT THE SOLICITOR GENERAL AND PEOPLE ON HIS OR HER STAFF ARE REPEAT PLAYERS. IF YOU'RE A PRIVATE LAWYER...
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| 00:29:26 |
Unidentified Speaker, -
MEDITATED ON THE NATURE OF OUR SEPARATION OF POWER SYSTEM, PARTICULARLY IN THE CONTEXT OF PRESIDENTIAL POWER. AND I THINK THAT IS A WAY TO SORT OF...
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| 00:31:16 |
Unidentified Speaker, -
BY THE COURT BECAUSE IN THE VIEW OF THE EXECUTIVE BRANCH, THEY WERE NOT RIGHTLY DECIDED, THEY HAVE CONSEQUENCES THAT THROUGH THE IMPLEMENTATION OF THOSE...
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| 00:33:00 |
Unidentified Speaker, -
AND THE CREDIBILITY OF THE SOLICITOR GENERAL'S OFFICE WHICH HAS BEEN BUILT UP OVER MANY DECADES. ON THE OTHER HAND, YOU'RE ALSO A HIGH-RANKING POLITICAL...
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| 00:34:06 |
Unidentified Speaker, -
IS THIS IDEA THAT THERE'S A
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| 00:34:09 |
Unidentified Speaker, -
SPECIAL RELATIONSHIP BETWEEN THE COURT AND THE SOLICITOR GENERAL'S OFFICE, AND THERE IS A SENSE OF INDEPENDENCE OF THE SOLICITOR GENERAL'S OFFICE...
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| 00:37:25 |
Unidentified Speaker, -
CAN. BUT THERE CAME A POINT, AS WE SAY IN THE LAW, WHERE THE PRESIDENT LOOKED AT ME, AND HE SAID, WHAT IS THE RELATIONSHIP BETWEEN THE PRESIDENT AND...
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| 00:40:24 |
Unidentified Speaker, -
LAWYERS PARTICULARLY INAS MUCH LAW EMBODIES POLICY CHOICES COME THOUGHTFULLY TO A DIFFERENT VIEW. AND THEY SHOULD ADVANCE THAT VIEW. BUT IT'S BEEN...
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| 00:43:40 |
Unidentified Speaker, -
WHO APPOINTED ME, I SERVE ONLY JUSTICE. I'M NOT SURE THAT'S MUCH OF A GUIDING PRINCIPLE TODAY FOR THE ROLE OF SOLICITOR GENERAL, BUT ON THE OTHER HAND,...
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| 00:45:08 |
Unidentified Speaker, -
AND ALTHOUGH WE HAVE VERY FINE LAWYERS AND SOLICITORS GENERAL TEND TO HAVE SOME BACKGROUND IN THE LAW AND IF WE THINK THAT A POSITION IS NOT LIKELY...
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| 00:47:31 |
Unidentified Speaker, -
THAT THE UNITED STATES TAKES. I THINK THAT'S VERY DISRESPECTFUL, FRANKLY, TO THE MUCH MORE LIMITED AND MODEST ROLE THAT SHOULD BE TAKEN, AND CERTAINLY...
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| 00:49:42 |
Unidentified Speaker, -
THE SOLICITOR GENERAL'S ROLE. [LAUGHTER] THAT SAID, I WOULD JUST ECHO THE POINT, THOUGH, THAT I THINK IN UNDERSTANDING THE DIFFERENT RELATIONSHIP AND...
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| 00:52:57 |
Unidentified Speaker, -
OF ABORTIONS OR STATE LAWS BANNING ASSISTED SUICIDE OR SCHOOL PRAYER. THE ADMINISTRATION MAY HAVE VERY, VERY STRONG REASONS EITHER PHILOSOPHICAL OR...
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| 00:54:03 |
Unidentified Speaker, -
HAVE VERY STRONG VIEWS OVER THE SUBJECT. AND NONETHELESS, IT CALLS FOR, IT SEEM T TO ME, PRUDENCE AND CAUTION AS THIS PARTICULAR VEHICLE WE WANT TO BE...
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| 00:56:38 |
Unidentified Speaker, -
AFFECT THE UNITED STATES. THESE ARE IMPORTANT ISSUES, BUT I THINK THAT'S WHAT IMPORTANT IS THAT THE GOVERNMENT IF IT'S GOING TO BECOME INVOLVED, ACTUALLY...
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| 00:57:35 |
Unidentified Speaker, -
THAT IT'S REALLY GOING
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| 00:57:36 |
Unidentified Speaker, -
TO BE HELPFUL TO THE COURT. AND AS REX LEE SAID -- AND THIS HAS TO DO WITH CHANGING POSITIONS ALSO -- THAT HE WANTED TO BE KNOWN WHEN HE STOOD BEFORE...
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| 00:58:17 |
Unidentified Speaker, -
REQUIRE THAT TO BE IN THE BRIEF. AND REQUIRE AN ARTICULATION OF WHY IT IS THAT THE UNITED STATES IS INTERESTED IN A PARTICULAR CASE. AND I THINK IF...
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| 01:01:33 |
Unidentified Speaker, -
AND PRESENT ORAL ARGUMENT ON BEHALF OF THE UNITED STATES. SO IN THE SHORT TIME REMAINING LET ME JUST TOUCH ON THAT BRIEFLY AND ASK YOU WHETHER YOU...
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| 01:01:49 |
Unidentified Speaker, -
THAT DIFFERENTIATED ARGUING AS THE SOLICITOR GENERAL FROM ARGUING AS, IN OTHER CAPACITIES AS A PRIVATE LAWYER, AND JUST HOW DID YOU MANAGE TO PREPARE...
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| 01:02:30 |
Unidentified Speaker, -
FRIENDS HAVE OTHER THOUGHTS, BUT I WAS STRUCK THE FIRST TIME I ARGUED A CASE IN THE UNITED STATES FOR THE UNITED STATES HOW MUCH RESPONSIBILITY I HAD...
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| 01:04:36 |
Unidentified Speaker, -
JUSTICE REHNQUIST ALWAYS HAD A ZINGER. IT WAS, WHAT'S THE BEST CASE FOR YOUR POSITION? THERE IS NO WAY TO ANSWER THAT QUESTION AND GET OUT AHEAD OR ...
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| 01:04:52 |
Unidentified Speaker, -
THINK YOU KNEW IT, HE KNEW IT BETTER THAN YOU DID AND WOULD CONTINUE TO HOUND YOU ON THE FACTS AND THE RULING OF THE COURT AND WHAT THE JUSTICES HAD...
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| 01:05:32 |
Unidentified Speaker, -
ORT. AND SO I FELT ON ONE PARTICULAR OCCASION WHICH I REMEMBER ALL TOO VIVIDLY THAT I WAS ARGUING ALONG THINKING I WAS IN STRIDE. LITTLE DID I KNOW...
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| 01:06:30 |
Unidentified Speaker, -
RESPONSE IS EVEN THOUGH AS
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| 01:06:32 |
Unidentified Speaker, -
OUR CHIEF JUSTICE, JOHN ROBERTS -- A VERY, VERY FINE, NONE WHO'S BETTER AS AN ADVOCATE AT THE PODIUM AS JOHN ROBERTS JR -- AND AS HE DESCRIBED IT...
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| 01:07:40 |
Unidentified Speaker, -
WELL, I THINK THE, PROBABLY THE MOST DIFFICULT PART WERE THOSE SITUATIONS WHERE THERE WAS A DISAGREEMENT WITHIN THE EXECUTIVE BRANCH THAT YOU JUST COULDN'T...
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| 01:08:05 |
Unidentified Speaker, -
IN ON AN ISSUE, AND THEY REALLY BOTH HAVE LONG-SEEDED, DEEPLY ROOTED POSITIONS THAT ARE JUST DIAMETRICALLY OPPOSED. I HAD ONE CASE WHEN I WAS SOLICITOR...
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| 01:09:43 |
Unidentified Speaker, -
WAY. OFTEN AGENCY HEADS WILL COME TO MAKE THEIR CASE, AND IF
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| 01:09:49 |
Unidentified Speaker, -
THEY'RE HEARD OUT AND THEY GET THE SENSE THAT THEY'RE GETTING A SERIOUS LOOK AT WHAT THEY WANT TO DO, EVEN THOUGH THE ANSWER IS NO THEY FEEL, I THINK,...
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| 01:11:28 |
Unidentified Speaker, -
CHARLES FREED'S BOOK ORDER AND LAW, ARGUING THE REAGAN REVOLUTION, WHERE HE TALKED ABOUT IN SOMEWHAT PEJORATIVELY THE, QUOTE, FEDERALISM POLICE IN...
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| 01:13:39 |
Unidentified Speaker, -
REGRETTABLY, ALL GOOD THINGS MUST COME TO AN END. I THINK
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| 01:13:47 |
Unidentified Speaker, -
YOU, I HOPE YOU
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| 01:13:48 |
Unidentified Speaker, -
WILL AGREE WITH ME, THAT THIS HAS BEEN AN EXTRAORDINARY, EXTRAORDINARY PROGRAM AND PRESENTATION. I'M DELIGHTED THAT THE COURT PERMITTED C-SPAN TO FILM...
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| 01:14:02 |
Unidentified Speaker, -
BE BROADCAST AND AVAILABLE THROUGHOUT THE UNITED STATES AND BEYOND, AND I AM DEEPLY GRATEFUL TO THE FOUR OF YOU FOR ONE OF THE BEST PROGRAMS I THINK THE...
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.